Mr. Peak to Mr. Sherman.
Berne, April 1, 1897. (Received April 13.)
Sir: I have the honor to acknowledge the receipt of the Department’s dispatch No. 90, of the 17th ultimo, relative to the exclusion of American meats cured with borax by certain cantons of Switzerland and inclosing for my information copies of reports from United States consular officers in Austria, Germany, Great Britain, and Switzerland.
From these reports it would seem that Switzerland has adopted the same regulations in regard to the importation of meats from other countries and that the orders were not issued for the purpose of discrimination against American meats, as alleged by Messrs. Jenny & Kieberger, reported in my dispatches to the Department No. 51 and No. 55, of dates November 25 and December 12, 1896, respectively.
The cantons have, undoubtedly, the right to adopt such sanitary regulations as they may deem proper in reference to the importation and sales of meats and, in the absence of any proof that a discrimination was made against American meats in the enforcement of these regulations, it would not be possible to appeal to the Swiss Federal Council for its interposition upon the ground that these orders were a violation of our rights under the treaty. In the absence of such ‘a claim upon our part, supported by convincing proof, I am convinced that any appeal for the revocation of the objectionable orders and the admission of the interdicted meats would be met with a refusal on the ground that the Swiss Federal Government has no authority to interfere in matters of cantonal regulations.
However regretable, the conclusion, therefore, seems to be inevitable that American exporters of meats must either relinquish their profitable trade in Switzerland or abandon their present method of curing their meats with borax.
I have, etc.,